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Scottsdale Accident Lawyer Weighs in on Child Sports Injury

Posted on August 22, 2014

With at least 20 million children involved in organized sports activities, injuries are very likely to occur. What legal options do parents have in cases of serious injuries?

The fight against childhood obesity in America has schools pushing participation in various physical activities, including sports. According to reports published in the online medical journal Medscape.com, “at least 25 million children engage in school sponsored sports,” while some 20 million children are involved in some sort of organized sports activity outside school (extracurricular).

“While the healthy trend successfully pulls out children from a sedentary lifestyle, the downside is that it has exposed our young to sports injuries such as TBI (traumatic brain injury),” said Scottsdale accident lawyer Michael Nysather.

Statistics report up to seven million sports related injuries to Americans, the highest incidence of which occurs in the 5–15 year old age group (59.3 injuries per thousand), followed by the 15–24 year old bracket (56.4 injuries per thousand). Compare these with the 25.9 injuries per thousand in the general population and it’s easy to see where the concern lies. While in many cases the injury may not be more than a scratch or a bruise, some injuries may cause irreversible damage and alter a child’s future.

“When a child suffers a sports related injury in school,” said Nysather, “parents most likely ask: Can we sue the school? Are sports coaches or adult supervisors liable for the personal injury?”

The question becomes even more relevant especially since the U.S. Center for Disease Control says that half of all child school sports related injuries can be prevented.

However, the answers to these questions depend on many variants. States have different laws and apply differing statutes for sports injury cases. The surrounding circumstance to every case is also vital to see if a personal injury claim is in order — including the safety of equipment and facilities being used for the sport among others.

The children and their parents also assume some risk. For example, football is inherently a risk laden sport, and parents assume some of these risks by approving their child’s participation. This can hurt their chances of prevailing in court when an accident compensation claim arises.

“In most cases, parents and their children carry the burden because of the lack of experience in the field. That’s why getting the help of an experienced personal injury lawyer is the best option,” said Nysather, who has represented some of Arizona’s residents in successfully settling sports related injury claims in his more than twenty years of practice as an accident lawyer.

For more information on how to proceed with a personal injury claim involving sports or any other cause, visit Wade & Nysather Law Office’s website, www.AZAccident.com.